People ex rel. Bauer v. Henry

• Decision Date: 24 January 1957
• Docket Number: No. 34264,34264
• Citation: People ex rel. Bauer v. Henry, 139 N.E.2d 737, 10 Ill.2d 324 (Ill. 1957)
• Parties: The PEOPLE ex rel. August A. BAUER et al., Petitioners, v. Charles D. HENRY, Circuit Judge, Respondent.
• Court: Illinois Supreme Court

Page 737

139 N.E.2d 737

10 Ill.2d 324

The PEOPLE ex rel. August A. BAUER et al., Petitioners, v. Charles D. HENRY, Circuit Judge, Respondent.

No. 34264.

Supreme Court of Illinois.

Jan. 24, 1957.

Butz, Blanke & Stith, Kankakee, for petitioners.

Eva L. Minor and Maynard R. Bissonnette, Kankakee, for respondent.

HERSHEY, Justice.

By leave of this court, an original petition for mandamus has been filed directed to the Honorable Charles D. Henry, judge of the circuit court of Kankakee County. The petitioners ask that Judge Henry be ordered to enter a decree of injunction against P. W. Sawyer in accordance with the opinion and mandate of this court in Bauer v. Sawyer, 8 Ill.2d 351, 134 N.E.2d 329.

In that case a group of Kankakee doctors, petitioners here, asked the circuit court of Kankakee County enjoin P. W. Sawyer, a former associate of theirs, from practicing medicine in the city of Kankakee or within a radius of 25 miles from that city for a period of five years, based on a certain partnership agreement.

The trial court dismissed the complaint for want of equity, but the Appellate Court reversed. The cause was remanded 'with directions to issue the injunction as prayed for in the amended complaint.' 6 Ill.App.2d 178, 204, 126 N.E.2d 844, 856. Leave to appeal was allowed, and this court affirmed the judgment of the Appellate Court. The final paragraph of our opinion stated: 'The judgment of the Appellate Court, reversing the decree of the trial court and remanding the cause with directions to issue the injunction, is affirmed, with further directions, to proceed in accordance with the views expressed herein.' 8 Ill.2d 351, 362, 134 N.E.2d 329, 334.

Despite the directions in our opinion and the mandate conforming thereto, the respondent refused to...